USA Statutes : arizona
Title : Counties
Chapter : PROTECTED DEVELOPMENT RIGHTS
11-1201 Definitions
In this chapter, unless the context otherwise requires:
1. "Landowner" means any owner of a legal or equitable interest in real property,
including the heirs, devisees, successors, assigns and personal representative of the
owner, or a representative authorized by a landowner to submit to a county a development
application for a property for approval.
2. "Property" means all real property subject to zoning regulations and
restrictions by a county.
3. "Protected development right" means the right to undertake and complete the
development and use of property under the terms and conditions of a protected development
right plan established pursuant to this article, without compliance with subsequent
changes in zoning regulations and development standards, except as provided by section
11-1204.
4. "Protected development right plan" means a plan submitted by a landowner to a
county, which, if approved by the board of supervisors of the county and if identified as
a protected development right plan at the time it is submitted, grants the landowner, for
a specified period of time, a protected development right to undertake and complete the
development as shown on the plan. The protected development right plan shall be submitted
to a county for site development approval. A protected development right plan for a
phased development shall be in the form of a plan for a master plan development which may
include a plan for a planned unit development, planned community development or district,
planned residential development or district or planned area development or district if
such land use category or district is recognized and provided for in the zoning ordinance
of the county. A protected development right plan for a nonphased development must
provide the final site development approval needed for issuance of a building permit.
11-1202 Protected development right; establishment; plan requirements; variance
A. A county may provide by ordinance or resolution the requirements for a
development to be a phased development. If a county does not adopt an ordinance or
resolution that includes the requirements for a development to be a phased development, a
plan submitted as a protected development right plan may be identified as a plan for a
phased development plan at the time the plan is submitted.
B. A protected development right plan, at a minimum, shall describe with a
reasonable degree of certainty all of the following:
1. The proposed uses of the site.
2. The boundaries of the site.
3. Significant topographical and other natural features affecting development of
the site.
4. For other than a phased development, the general location on the site of the
proposed buildings, structures and other improvements.
5. The number of dwelling units and, for other than a phased development, the
square footage and height of the proposed buildings and other structures.
6. The location of all existing and proposed utilities and provision for other
infrastructure on the site, including water, sewer, roads and pedestrian walkways.
C. Nothing in this section is intended to or shall preclude a county from
establishing additional requirements for submittal or approval of development plans for
any land use category or district and such requirements may include traffic reports or
studies, drainage reports or studies, master street plans, development phasing schedules
and phased public infrastructure schedules. A county shall require submission of a more
detailed plan for each phase of a phased development in order to obtain final site
development approval to develop the property.
D. A final subdivision plat which meets the requirements of subsection B, may be
designated as a protected development right plan by ordinance or resolution of the board
of supervisors upon a finding by the board of supervisors that grants a protected
development right to undertake and complete the development shown on the final
subdivision plat will promote reasonable certainty, stability and fairness in the land
use planning and regulatory process and secure the reasonable investment backed
expectations of the landowner.
E. A protected development right is established only for the specific elements of
the development or other specific matters shown on the approved protected development
right plan. A protected development right is not established for any elements or other
matters, or portions of any elements of the development or other matters not shown on the
approved protected development right plan.
F. The board of supervisors of a county may designate by ordinance or resolution a
development plan that is not identified as a protected development right plan at the time
it is submitted as a protected development right plan upon a finding by the board of
supervisors that granting a protected development right to undertake and complete the
development shown on the plan will promote reasonable certainty, stability and fairness
in the land use planning and regulatory process and secure the reasonable investment
backed expectations of the landowner.
G. A protected development right shall be deemed established with respect to a
property on the effective date of a valid approval of a protected development right
plan. The protected development right confers on the landowner the right to undertake
and complete the development and use of the property under the terms and conditions of
the protected development right plan and this article.
H. A county shall not require a landowner to waive a protected development right as
a condition of development approval.
I. A protected development right is subject to the terms and conditions imposed by
the county on the protected development right plan approval.
J. A protected development right plan approved with a condition or stipulation that
a variance be obtained does not confer a protected development right until the necessary
variance is obtained. Approval of a protected development right plan does not guarantee
approval of a variance.
11-1203 Duration of a protected development right; termination
A. A protected development right established under a protected development right
plan is valid for three years for a nonphased development, five years for a phased
development and ten years for a phased development that contains at least one section of
land as defined by 43 United States Code 751 or has a gross acreage of more than six
hundred forty acres.
B. A county may extend for a maximum of two additional years, and ten years for a
phased development that contains at least one section of land as defined by 43 United
States Code 751 or has a gross acreage of more than six hundred forty acres, the duration
of a protected development right obtained through approval of a protected development
right plan, if a longer time period is warranted by all relevant circumstances, including
the size, type and phasing of the development on the property, the level of investment of
the landowner, economic cycles and market conditions. The decision to extend the time
period for a protected development right is at the discretion of the county. However, a
protected development right shall not remain established for more than five years for a
nonphased development, seven years for a phased development or twenty years for a phased
development that contains at least one section of land as defined by 43 United States
Code 751 or has a gross acreage of more than six hundred forty acres.
C. After the approval of a protected development right plan, the plan may be
subject to subsequent reviews and approvals by the county to ensure compliance with the
terms and conditions of the original approval if such reviews and approvals are not
inconsistent with the original approval. The county may revoke its approval of the
protected development right plan for failure to comply with applicable terms and
conditions imposed on the approval.
D. A protected development right terminates at the end of the applicable period
established under this section. If a building permit has been issued before the date of
termination of a protected development right, the protected development right remains
valid until the building permit expires, but in no event for longer than one year. On
expiration, only principal structures for which footings or foundations have been
completed may be finished under the protected development right. On the expiration of a
protected development right, development may continue based on a valid building permit
and according to standards in effect at that time. An unexpired building permit issued
for a property with a protected development right does not expire or shall not be revoked
merely because a protected development right expires under the time limitations specified
in this section.

11-1204 Subsequent changes prohibited; exceptions
A. A protected development right established under this section precludes the
enforcement against the property to which the protected development right applies of any
legislative or administrative land use regulation by a county or pursuant to an initiated
measure that would change, alter, impair, prevent, diminish, delay or otherwise impact
the development or use of the property as set forth in an approved protected development
right plan, except under any one or more of the following circumstances:
1. With the written consent of the affected landowner.
2. On findings, by ordinance or resolution and after notice and a public hearing,
that natural or man-made hazards on or in the immediate vicinity of the property, if
uncorrected, would pose a serious threat to the public health, safety and welfare if the
project were to proceed as approved in the protected development right plan.
3. On findings, by ordinance or resolution and after notice and a hearing, that the
landowner or his representative intentionally supplied inaccurate information or made
material misrepresentations that made a difference in the approval of the protected
development right plan by the county.
4. On the enactment of a state or federal law or regulation that precludes
development as approved in the protected development right plan, in which case the
governing body of the county, after notice and a hearing, may modify the affected
provisions, on a finding that the change in state or federal law has a fundamental effect
on the protected development right plan.
B. A protected development right does not preclude the enforcement of a
subsequently adopted overlay zoning classification that imposes additional requirements
and that does not affect the allowable type or density of use, or ordinances or
regulations that are general in nature and that are applicable to all property subject to
land use regulation by the county, such as building, fire, plumbing, electrical and
mechanical codes.
C. Notwithstanding any other provision of this article, the establishment of a
protected development right does not preclude, change or impair the authority of a county
to adopt and enforce zoning ordinance provisions governing nonconforming property or
uses.
D. This article does not alter or diminish the authority of a county to exercise
its eminent domain powers.

11-1205 Protected development right; exercise; agreements
A. A protected development right obtained under this chapter is not a personal
right but attaches to and runs with the applicable property. After approval of a
protected development right plan, all successors to the original landowner are entitled
to exercise the protected development right.
B. Nothing in this article precludes judicial determination, based on common law
principles or statutory provisions, that a vested right exists in a particular case or
that a compensable taking has occurred. Except as expressly provided in this chapter,
nothing in this chapter shall be construed to alter the existing common law of vested
rights.
C. Nothing in this article shall preclude, change, or limit the ability of a county
to enter into a development agreement as defined in section 11-1101.

11-1206 Protected development right; agreements regarding public safety
Notwithstanding any other law, a county, for public safety purposes and with the
written consent of the owner of property which has been granted a protected development
right pursuant to section 11-1202 or the owner of any other residential or commercial
development subject to the supervision of the county under this title, by resolution or
ordinance may provide for:
1. The application and enforcement of speed limits, weight restrictions or other
safety measures on a private roadway that is located within any development in the
unincorporated areas of the county and that is open to and used by the public provided
that a county may require payment from the property owner prior to installation for the
actual cost of signs which are required to provide notice of any speed limitation or
other restriction which applies on the private roadway.
2. The approval of an extension or addition to any roadway which has been or may be
designated as a primitive road pursuant to section 28-6706, provided that any extension
or addition is made to connect the primitive road with a road or highway serving a
development and the total length of the extension or addition does not exceed one
mile. Upon completion of the extension or addition as authorized by this section the
entire road may be designated as a primitive road pursuant to section 28-6706 as long as
the existing portion of the road qualifies to be so designated pursuant to section
28-6706.